Points Of Criminal Law

You cannot lawfully condone an offence by receiving back stolen


The exemption of females from arrest applies only in civil, not in

criminal matters.

Every man is bound to obey the call of a sheriff for assistance in

making an arrest.

The rule Every man's house is his castle does not hold good when a man

is accused of crime.

Embezzlement can be charged only against a clerk or servant, or the

officer or agent of a corporation.

Bigamy cannot be proven in law if one party to a marriage has been

absent and not heard from for five years.

Grand larceny is when the value of property stolen exceeds $25.00--When

less than that, the offence is petit larceny.

Arson to be in the first degree must have been committed at night and

the buildings fired must have been inhabited.

Drunkenness is not a legal excuse for crime, but delirium tremens is

considered by the law as a species of insanity.

In a case of assault it is only necessary to prove an offer or attempt

at assault.

Battery presumes physical violence.

Mayhem, although popularly supposed to refer to injury to the face, lip,

tongue, eye, or ear, applies to any injury done a limb.

A felony is a crime punishable by imprisonment in a State prison; an

infamous crime is one punishable with death or State prison.

A police officer is not authorized to make an arrest without a warrant

unless he has personal knowledge of the offense for which the arrest is


An accident is not a crime, unless criminal carelessness can be proven.

A man shooting at a burglar and killing a member of his family is not a


Burglary in the first degree can be committed only in the night time.

Twilight, if dark enough to prevent distinguishing a man's face, is the

same as night in law.

Murder to be in the first degree must be willful, premeditated and

malicious, or committed while the murderer is engaged in a felonious

act. The killing of a man in a duel is murder, and it is a misdemeanor

to accept or give a challenge.

False swearing is perjury in law only when willfully done, and when the

oath has been legally administered. Such qualifying expressions as to

the best of my belief, as I am informed, may save an averment from

being perjured. The law is that the false statement sworn to must be

absolute. Subornation of perjury is a felony.

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